HomeMy WebLinkAboutReso 1966-4184RESOLUTION NO. 4184
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
PROTESTING THE RULING OF THE FEDERAL COMMUNICATIONS COM-
MISSION AND THE UNITED STATES COURT OF APPEALS LIMITING
THE EXPANSION OF CABLE SERVICE BY MISSION CABLE T.V., INC.
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the City Council of the City of Chula Vista, in
response to numerous requests by citizens of the City of Chula Vista,
and acting in their behalf and in the public interest, did, on
February 18, 1964, approve an ordinance granting a franchise to
Area Television Antenna, Inc., now known as Mission Cable T.V., Inc.,
to permit the installation of a television cable system throughout
the City of Chula Vista, and
WHEREAS, said Grantee has, since the effective date of
said ordinance, subject to the constant demands of the City Council
of the City of Chula Vista, established an extensive cable system
within the City of Chula Vista, utilizing the public right-of-way
in conjunction with other franchise holders, which system presently
serves over 3,000 residential units within the City, and
WHEREAS, by the terms of said franchise, Mission Cable
T.V., Inc., is required to provide their service for all of the
residents in the City of Chula Vista unless certain properties are
specifically exempted by resolution of the City Council when it is
shown that service to said properties would not be in the public
interest, and
WHEREAS, the initial ruling of the Federal Communications
Commission ordering the cable television company to cease and desist
from any further connections with its master cable system, and even
the subsequent ruling of the United States Court of Appeals modifying
the Federal Communications Commission's decision by limiting service
to those areas of the City of Chula Vista already covered by the
master cable system but preventing the further extension into areas
not presently covered, abridges the franchise agreement between the
City of Chula Vista and Mission Cable T.V., Inc., and
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WHEREAS, said actions are contrary to the public interest,
do not represent any reasonable regulation of the cable television
industry, and violate the basic principles of home rule carried out
by the elected representatives of the citizens of this community, and
WHEREAS, said rulings are further detrimental to the public
interest of the citizens of the City of Chula Vista in that all new
developments and subdivisions within the City of Chula Vista are
required by ordinance to place all public utilities underground, which
undergrounding must be carried out in an orderly manner, which cannot
be accomplished if the television cable cannot be undergrounded con-
current with the undergrounding of other utilities and prior to the
completion of public improvements, thus making it impossible to
feasibly provide cable T.V. service to such areas in the future if
the temporary restrictions imposed by the Commission and the Court
are changed.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Chula Vista, on behalf of themselves and as representatives
of the citizens of Chula Vista, and acting in the public interest,
hereby strongly urges the Federal Communications Commission to vacate
the order previously rendered, to respect existing franchise rights,
and to exercise their regulatory function in a manner consistent with
the proper regulatory functions of local governing bodies.
BE IT FURTHER RESOLVED that the City Clerk be, and he is
hereby directed to forward certified copies of this resolution to the
Federal Communications Commission, the Honorable Senator Thomas Kuchel,
The Honorable Senator George Murphy, the Honorable Congressman
Lionel Van Deerlin, the Honorable Congressman Bob Wilson, and Mission
Cable T.V., Inc.
Presented by
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C
Fred A. Ross, Chief Administrative
Officer
Approved as to form by
eorge D. indberg, C ty Atto y
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odale, Sparling
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ayor of the City o Chula ista
ADOPTED AND APPROVED by the CITY COUNCIL of the
CITY OF CHULA VISTA, CALIFORNIA, this 6th day of September
19.66 by the following vote, to-wit:
AYES: COUNCILMEN Sylvester, Anderson, McAllister, McCo
NAYES: COUNCILMEN None
ABSENT: COUNCILMEN None
ATTEST `~ `--~_~-~<~ -~'~`~~ ~ ~.~
.City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ss.
CITY OF CHULA VISTA
I, KENNETH P. CAMPBELL, City Clerk of the City of Chula
Vista, California, DO HEREBY CERTIFY that the above and foregoing
is a full, true and correct copy of ,
and that the same has not been amended or repealed.
DATED:
City Clerk
CC 652
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